1 | A bill to be entitled |
2 | An act relating to the Department of Agriculture and |
3 | Consumer Services; amending s. 215.32, F.S.; exempting the |
4 | Division of Licensing Trust Fund in the department from |
5 | legislative authorization for unappropriated cash balances |
6 | in the fund to be transferred to the General Revenue Fund |
7 | or the Budget Stabilization Fund; providing an effective |
8 | date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. Paragraph (b) of subsection (2) of section |
13 | 215.32, Florida Statutes, is amended to read: |
14 | 215.32 State funds; segregation.- |
15 | (2) The source and use of each of these funds shall be as |
16 | follows: |
17 | (b)1. The trust funds shall consist of moneys received by |
18 | the state which under law or under trust agreement are |
19 | segregated for a purpose authorized by law. The state agency or |
20 | branch of state government receiving or collecting such moneys |
21 | shall be responsible for their proper expenditure as provided by |
22 | law. Upon the request of the state agency or branch of state |
23 | government responsible for the administration of the trust fund, |
24 | the Chief Financial Officer may establish accounts within the |
25 | trust fund at a level considered necessary for proper |
26 | accountability. Once an account is established within a trust |
27 | fund, the Chief Financial Officer may authorize payment from |
28 | that account only upon determining that there is sufficient cash |
29 | and releases at the level of the account. |
30 | 2. In addition to other trust funds created by law, to the |
31 | extent possible, each agency shall use the following trust funds |
32 | as described in this subparagraph for day-to-day operations: |
33 | a. Operations or operating trust fund, for use as a |
34 | depository for funds to be used for program operations funded by |
35 | program revenues, with the exception of administrative |
36 | activities when the operations or operating trust fund is a |
37 | proprietary fund. |
38 | b. Operations and maintenance trust fund, for use as a |
39 | depository for client services funded by third-party payors. |
40 | c. Administrative trust fund, for use as a depository for |
41 | funds to be used for management activities that are departmental |
42 | in nature and funded by indirect cost earnings and assessments |
43 | against trust funds. Proprietary funds are excluded from the |
44 | requirement of using an administrative trust fund. |
45 | d. Grants and donations trust fund, for use as a |
46 | depository for funds to be used for allowable grant or donor |
47 | agreement activities funded by restricted contractual revenue |
48 | from private and public nonfederal sources. |
49 | e. Agency working capital trust fund, for use as a |
50 | depository for funds to be used pursuant to s. 216.272. |
51 | f. Clearing funds trust fund, for use as a depository for |
52 | funds to account for collections pending distribution to lawful |
53 | recipients. |
54 | g. Federal grant trust fund, for use as a depository for |
55 | funds to be used for allowable grant activities funded by |
56 | restricted program revenues from federal sources. |
57 |
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58 | To the extent possible, each agency must adjust its internal |
59 | accounting to use existing trust funds consistent with the |
60 | requirements of this subparagraph. If an agency does not have |
61 | trust funds listed in this subparagraph and cannot make such |
62 | adjustment, the agency must recommend the creation of the |
63 | necessary trust funds to the Legislature no later than the next |
64 | scheduled review of the agency's trust funds pursuant to s. |
65 | 215.3206. |
66 | 3. All such moneys are hereby appropriated to be expended |
67 | in accordance with the law or trust agreement under which they |
68 | were received, subject always to the provisions of chapter 216 |
69 | relating to the appropriation of funds and to the applicable |
70 | laws relating to the deposit or expenditure of moneys in the |
71 | State Treasury. |
72 | 4.a. Notwithstanding any provision of law restricting the |
73 | use of trust funds to specific purposes, unappropriated cash |
74 | balances from selected trust funds may be authorized by the |
75 | Legislature for transfer to the Budget Stabilization Fund and |
76 | General Revenue Fund in the General Appropriations Act. |
77 | b. This subparagraph does not apply to trust funds |
78 | required by federal programs or mandates; trust funds |
79 | established for bond covenants, indentures, or resolutions whose |
80 | revenues are legally pledged by the state or public body to meet |
81 | debt service or other financial requirements of any debt |
82 | obligations of the state or any public body; the Division of |
83 | Licensing Trust Fund in the Department of Agriculture and |
84 | Consumer Services; the State Transportation Trust Fund; the |
85 | trust fund containing the net annual proceeds from the Florida |
86 | Education Lotteries; the Florida Retirement System Trust Fund; |
87 | trust funds under the management of the State Board of Education |
88 | or the Board of Governors of the State University System, where |
89 | such trust funds are for auxiliary enterprises, self-insurance, |
90 | and contracts, grants, and donations, as those terms are defined |
91 | by general law; trust funds that serve as clearing funds or |
92 | accounts for the Chief Financial Officer or state agencies; |
93 | trust funds that account for assets held by the state in a |
94 | trustee capacity as an agent or fiduciary for individuals, |
95 | private organizations, or other governmental units; and other |
96 | trust funds authorized by the State Constitution. |
97 | Section 2. This act shall take effect upon becoming a law. |